The Protection Of Geographical Indications In China. The Trips Perspective Research

As a particular property right which enjoys the same positions as trademark and patent, geographical indication indicates the relationship between a commodity and its geographical surroundings. While as a commercial mark for indentification,geographical indication not only indicates the geographical surroundings of a commodity, symbolizes special qualities and merits of it, but also represents achievements after creative work and colossal commercial profits behind their qualities and merits. So geographical indications has great significance to both producers and consumers. It is also an intangible fortune which contains a great deal of economic profits and and results in enjoying a higher and higher status all over the world.The protection of geographical indication is an important content included in the legal system of intellectual property rights, also a focus in the field of current intelligence property research. Since the beginning of the protection of geographical indication, one hundred years have passed. The earliest international pact to protect geographical indications is Paris Pact regulated in 1883,followed by Madrid Agreement and Rei Agreement which made regulations to protect geographical indications as well. Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS Agreement) is the most inclusive and authoritative one in making regulations to protect geographical indications. Though TRIPS Agreement regulates the protection with a whole unit, the way in protecting geographical marks even the definitions of the concept differentiate from country to country and divergence is left unsolved yet in a new round of talk on TRIPS. Because of varied definitions by countries of different protecting system, it is necessary to establish a common principle for geographical indications within TRIPS Agreement. The definition of geographical indication given in the Trademark Law of our country is basically consistent with that given in TRIPS Agreement. At present, there are three ways of geographical indication protection: trademark law model, special legislation model,and Anti-illegitimate Competition Law model or Consumer Protection model. These three ways have their own advantages and disadvantages. Each country has the right to choose the most suitable model in the light of its particular historical conditions, social environment and legal tradition. As far as our country concerned, there is a double-trade system-Trade Law model and special legislation model co-exist, which give rises to many problems in practice. Therefore, it becomes an inevitable trend to reconstruct our country's geographical indication protection model. The problem is not in double-track system itself, but in the lack of co-ordination between these two models, which should become focus of the reconstruction programmed.Our country has a long history and is rich in natural resources. As a result, many agricultural products quality for geographical indication protection. Nevertheless, geographical indication protection started late in china, along with the fact people's faint legal consciousness, results in many problems in geographical indication protection, especially in agricultural products geographical indication protection. For this reason, it is necessary to improve it. Strengthening the agricultural products' geographical indication protection has a great significance in improving the safety quality of our agricultural products, increasing competition force both at home market and overseas market as well as in promoting rural economy development and farmers' income increase.